16
HONG KONG DAILY PRESS. SATURDAY, SEPTÈMBER
18, 1937.
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"¿Continued from Pars 1.)
1
LITTERED WITH DEAD The east of Lotien is simply littered with dead bodles of the enemies. It is estimated that over 1,000 Japanese were killed in ac- tion there.
the A Japanese allegation to effect that the Chinese bombed a Japanese hospital ship was em- phatically denied by the. Chinese authorities who added that it was the Japanese who completely an nihilated. with their usual cold- blooded slaughter and harbärism, the Chinese ambulance brigadeş which went to aid the wounded.
Continuing the spokesman said that the Japanese military Au- thorities in Shanghai announced their intention to. capture the Shanghai-Woosung Area: before September 18.
Two-thirds of the Japanese in- fantry brigade in Woosung have been killed in action, according to a reliable report.
LIBEL CLAIM FAILS
Cartoon Forms Subject Of
Action
Arising out of the appearance on the May 15 issue of the Chinese Star" of a cartoon entitled "The Swollen Bellies," depict- ing the emaciated and apparently dying Ggure of a man with a distended stomach lying on the ground, an action instituted against the Leong Shiu-ha and the Empire Printing Press Ltd., by The China Chemical Works Ltd., claiming for $1,000 damages for libe. was concluded before the Fulsne Judge. Mr. Justice R. E. Lindsell, at the Summary Court yesterday when his Lordship fave Judgment for the defendants with costs.
His Lordship said: "This is an action for libel in which the plaintiff company, as the manufacturers of a Chinese condiment powder known as "Kun Yam Fan," seek to recover damages from the defendants, the proprietor of the "Chinese Star" and the paper itself. In respect of a cartoon which appeared in the issue of that paper of May 15, 1937, and of which the alleged innuendo is, in the words of the endorsement or the writ. "That the plaintiffs' said condiment Koon Yam powder, is a harmful and Injurious preparation and that the plaintiffs are callously enriching them-. selves by its sale although they know it to be harmful and in- Jurious."..
"The cartoon is entitled The Swollen Bellies and depicts the emaciated and apparently dying agure of a man with a distended stomach lying on the ground and Meanwhile three Japanese planes a bowl beside him on which are were brought down at Kalching, the Chinese characters "Kún Yam The Japanese having been beaten Fan" (that is, the same characters In this vicinity, the Chinese recap-which the plaintiffs have adopted tured many villages.
the name at this condiments, Under cover of aerial bombard- and also a large and prosperous- ments, the Japanese launched a looking man with a large paunch bly attack on Kwanming yesterday standing by, or in the act of mov- only to be victims of the Chinese ing way with a self-satisfied look counter-attack, ULS ย result of on his tace. which heavy casualties, including a commander, were suffered by the Japanese.
The central column of Chinese Troops at Chingwan completely de- feated the Japanese and recaptured a railway station in that vicinity.
Ous
INJURIOUS EFFECTS
With
circumstances are not parallel to those in Huiton v. Jones. this submission I am in agreement. in Hunon v. Jones in the judg- ment of Farwell L. J. In the Court of Appeal 1909, there is a passage wnica, though, the point made there.1 was not expressly dealt with in the House of Lords, seems to be extremely material to, and indeed conclusive of, the present issue:
RECKLESS DISREGARD
"If the defendants had proved not only that the writer did not know of the plaintiff's existence but also that there was an Artemus
"I am entirely satisfied indeed | Jones other than the plaintiff who it was not challenged by the plain-was present at Dieppe in the com- tis) there, exists in north-west pany alleged, then the circum- China a clay known as Kun Yamstances with reference to which Fan" which in times of famine the words 'Artemus Jones' were such as occurred in the early part ¦ used, would show that the plain- The Japanese advance to Hsing-of the present summer, the poor tin was not the person intended. shi was repulsed by the Chinese classes àre reduced to using as food | It is not enough for a plaintiff to resulting in a hand-to-hand battle with injurious effects, as has often show that the defendant has made la which the Chinese were victort been mentioned in the Hong Kong | a libellous statement and the Chinese papers. that the intention ( plaintiff's friends and acquaintances of this cartoon was to pillory the understood it to be written of him, he must also show that the defen- prosperous Chinese merchant who remained indifferent to the suffer-dant printed and published it of ings of the famine-stricken popu-bim: for if defendant can prove and that it was written truly of an- lace 01 North-West China
the plaintiff bas would not subscribe to their relief; other person, and that neither the cartoonist nor failed." the proprietor of the paper had any knowledge of the existence of the plaintiffs' condiment bearing the same name.
At Tatung. the Chinese are des- perately surrounding the city, hid- ing in the highlands in the vicinity, launching attacks time and again, In which it is reliably stated that the Japanese have suffered severe casualties.
A further message states that the chlet port of Hainan was attacked by Japanese warships on Thursday afternoon, but the stubborn resis- tance by the Chinese drove the Japanese away.
ATTEMPT TO CAPTURE
"Contra, I am equally satisfied that none of the witnesses called for the plaintiff company had any knowledge of the clay and honestly thought that it was the condiment and its manufacturers that were attacked. In these circumstances,
"It is exactly the case here that the defendant has proved that the statement, that is the cartoon com- plained of, which might in certain circumstances have rendered him liable to the plaintiffs for libel, was written and published not only with no intention of defaming any- one and in no way likely to defame anyone, but also of someone who was not the plaintiff since it re-
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Hulton v. Jones that where a de- famatory statement has been pub- 'shed which certain people have reasonably taken to refer to the plaintiff. it is Immaterial that the defendant had no knowledge of the plaintiff's existence and had no in- tention of defaming him.
NO U.S. OBSERVER
Shanghai, Sept. 18.
"For the defence it is submitted Knowing North Station to be one of most important tactical hat in every ease of this kind all positions of the Chinese Army de- the surrounding circumstances must fence at Shanghai, owing, to its be considered and that here the Importance in connection with communication between Nanking and Shanghai, it is reported that the Japanese invading army is
The most important feature ut employing six battleships and a the decision of "the League Coun- feet of bombing machines in aell is that the question of an combined attempt to obtain pos-American observer on the Com- session of North Station.
mittee is hot likely to arise at any The thunder of the bombard-rate in the immediate future,-- ment is shaking the whole of 'riter. Shanghai City, and in spite of the rain of shells and bombs, the Chinese troops are holding on to their positions.---
Chinese Evening Press.
U.S. CO-OPERATION
DESTROYERS LEAVE
London, Sept. 17.
and
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"In such circumstances I most respectfully agree with Farwell LJ. that, the plaintiff cannot succeed.
***
Streite and Calcutta Japan, Honolulu, U.S.A., Central and South America, Canada and EUROPE via Bag Francisco-due Bax Francisco, 5th October-and *EUROPE is Siberia "In the present case I cannot Shanghai (Hongkong Ordinary Mail)
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Amoy regard as to whom it might hit. Saigon For these reasons and without Air dealing with the other points for the defence I give judgment for the defendants with costs."
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Boston, Sept. 17. A coastguard aeroplane, which Shanghai (Hongkong Ordinary Mails only)Į Kaying had been searching for the En- deavour, found no trace of the yacht after a four-hour search of the area in which the yacht should have been if she was drifting to- wards Nova Scotia- Renter.
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Washington. Sept. 17 The United States Government would consider carefully any in- vitation by the League, such as is reported to have been to Washing- ton, to participate on the recon- atituted Arvisory Committee on the Far East, declared Mr. Cordell Hull. Secretary of State, at the Fressins. Conference,
Mr. Hull declined to speculate with regard to that the Govern- ment's decision would be but acknowledged that precedent for American-co-operation-in-the
#
WEATHER REPORT
ROYAL OBSERVATORY HONG KONG
10 a.m., Sept. 17. Barometer fat sea level), 29.38
HONG KONG TIDE TABLE
From September 18, to 24, 1937,
HIGH WATSE.
Height
Height.
LOW WATER.
Hong
Hong
ཚ
Kong
Kong
3 Standard
Staudard
Time,
Timo
h m.
ft. I... It, In,
1760 BU 3" 0756 20 47 CB 43
70
0105 4 G 55 10 R 50105 34 5 9 1441 18
7 %
0234 29
21 10
65
151519
09-al
72
03 16 2.3
2141
·10 20
1348
21
9
04.02
19
Against an average of 73.22.ins. Sunset_to-night, 6.25 p.m. Sunrise to-morrow, 6.11 a.m.
4 p.m., Sept. 17. Barometer fat sea level), 29.74.
22 16
7 a
10 15
.
Thur, 23
11 11
64
0446
22 63
76
1645
2 A
Fri.
24 1910
58)
0038
17
28 33 7 8
17 14 3 3
Temperature, 85 F. Humidity, 80 per cent Wind Direction, ES.E. Wind Force (Beaufort), I. Temperature; maximum vester-
Sat. 16 day, 87 F.
Temperature; mlaumum 1ast "Sun. 10 Committee's work had been estab-night, 79 F. lished when the United States
Rainfall for 24 hours, ending 10th | Mon, 21 Government participated in a con- to-day, nil.
T+ pg. 21 sulative capacity on the occasior
Total rainfall since January. 1 of the Manchurian' crisis in 1933.
74.04 ins.
Wed. 29 It is suggested in well-informed quarters that... should the United States decide to participate, Mr. Leland Harrison, the American Minister in Switzerland, would be appointed States representative. Temperature, 85. Humidity, 78.
Harrison lo at present in Wind Direction, 8SE, Wind Force ture, 89.". Minimum temperature, 70,
(Beaufort), 3. Maximum tempera-Rainfall, mil.
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